- Agreement between You and RentBahamas.com.
This Agreement is governed by the laws of the Commonwealth of the Bahamas.
- Website Information and Remedies.
In the case of any violation of our Agreement, RentBahamas.com and its affiliates (collectively, “RentBahamas.com” or “we,” “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of RentBahamas.com. For the purposes of this Agreement, the term “Website” may, at our option, include any current or future co-branded websites, affiliated websites, private-label websites, and/or other websites in which RentBahamas.com currently participates or may participate in the future with regard to advertising services.
- Your License to Us.
When you give us or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sub licensable irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
- Services and Our License to You.
Site visitors including both registered and non-registered users (“Users”) may conduct searches on RentBahamas.com at no charge.
Subject to the restrictions in the following sentence, RentBahamas.com hereby authorizes you to view, copy, download and print a single copy of the information and data (“Content”) available on RentBahamas.com, provided that: (1) the Content is used solely for personal, noncommercial purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content. Without limiting the generality of the foregoing, as a User, you are only permitted to use RentBahamas.com to search for properties, communicate with advertisers, owners, or their agents and utilize other services offered by us. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of RentBahamas.com.
Owners, advertisers, real estate agents, and brokers wishing to post content on RentBahamas.com shall be required to pay a fee commensurate with the length of time such post will remain on RentBahamas.com. RentBahamas.com covenants that all paid advertisements and listings shall be portrayed within 24 hours after receipt of payment. Any request to cancel an advertisement or listing presented to us must be accompanied by a receipt of payment and presented within 24 hours in order to receive a complete refund. Any request received without a receipt of payment will not be refunded. Any request received after 24 hours will not be refunded.
Notwithstanding the foregoing, RentBahamas.com nor Rent Bahamas Company Ltd or its subsidiaries by providing its services, are in no way, shape, or fashion conducting real estate business as listed in section 3 of the Real Estate (Brokers and Salesmen) Ch. 171 Statute Laws of the Commonwealth of the Bahamas nor is it a holder of a real estate license or a member of the Bahamas Real Estate Association.
- Coupons and Promotional Offers.
RentBahamas.com may offer various coupons and promotional offers from time to time and each coupon and offer shall be a limited time offering commencing and terminating at the sole discretion of RentBahamas.com. The terms of any such offers will be disclosed during the offering period and will be honored by us during such period and will not be honored after such period.
- No Unauthorized Duplication.
Except as otherwise stated herein, none of the Content on the Website or our mobile application may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of RentBahamas.com.
- Trademarks and Copyright.
The term “RentBahamas.com” and any other trademarks, trade names, logos and service marks, including RentBahamas.com (collectively, the “Marks”), displayed on RentBahamas.com or any of its subsidiaries, affiliates, or third party sites are the exclusive property of Rent Bahamas Company Ltd. Users are not permitted to copy or otherwise use these Marks without the prior written consent of RentBahamas.com or such other owner.
The rights to all media portrayed on RentBahamas.com are reserved. No copyrighted material which forms a part of this website shall be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the Owner of said content, except in instances allowed under the Copyright Act of Ch. 323 of the statute laws of the Commonwealth of the Bahamas. All other instances require written permission which shall be addressed to the General Counsel at the address below:
P.O. Box N-1304
- Access and Interference.
RentBahamas.com may contain robot exclusion headers. Much of the information on RentBahamas.com is proprietary or is licensed to RentBahamas.com by our Users or third parties. Users agree that Users will not use any robot, spider, scraper, or other form of malware or other automated means to access the Website for any purpose without our prior written consent. Additionally, Users agree that Users will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our servers; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by RentBahamas.com without the prior written consent of RentBahamas.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of RentBahamas.com or any activities conducted on RentBahamas.com; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to RentBahamas.com.
- No Unlawful or Prohibited Use.
As a condition of your use of RentBahamas.com, Users agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. Users warrant that Users will not use RentBahamas.com in any way prohibited by these terms, conditions and notices. In addition, Users will not:
- use RentBahamas.com if Users are unable to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from RentBahamas.com;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may interfere with and or disrupt the services of RentBahamas.com and or it’s Users;
- copy, modify, republish or distribute content from the Website or our mobile applications (except as provided herein) or RentBahamas.com’s copyrights and trademarks;
- impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or property details or other information relative to your listing;
- harvest or otherwise collect information about Users, including names, addresses, telephone numbers, and email addresses, without their consent;
- transmit to RentBahamas.com or any User any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, racist, sexist or invasive of another’s privacy, hateful, or otherwise objectionable in the sole discretion of RentBahamas.com; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Real Estate Licensing.
RentBahamas.com does not conduct real estate business as defined in section 3 of the Real Estate (Brokers and Salesmen) Act Ch. 171 Statute laws of the Commonwealth of the Bahamas, as such we do not render legal, brokerage, or other professional advice or services to advertiser clients or Users of the Website, nor do we participate in any negotiations with respect to lease transactions.
When a User uses RentBahamas.com’s service, he/she is viewing rentals posted onto our platform from persons capable of doing so under section 3 (2) (d) of the Real Estate (Brokers and Salesmen) Act or a valid holder of a real estate agent or broker license.
- Links to Third-Party Websites.
RentBahamas.com may contain links to websites operated by parties other than RentBahamas.com. Such hyperlinks are provided for reference only. RentBahamas.com does not control such websites and is not responsible for their content. RentBahamas.com’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If Users decide to access any of the third party sites linked to this website, Users do so entirely at their own risk.
- General Disclaimer.
RENTBAHAMAS.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION PRESENTED IN ANY ADVERTISEMENT OR LISTING. ALL INFORMATION PROVIDED ON RENTBAHAMAS.COM IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSLY OR IMPLIEDLY. RENTBAHAMAS.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
- Limitation on Liability.
NEITHER RENTBAHAMAS.COM, NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY RENTBAHAMAS.COM ADVERTISEMENT, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON RENTBAHAMAS.COM, EVEN IF RENTBAHAMAS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Modification of the Website.
RentBahamas.com reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. RentBahamas.com may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, RentBahamas.com reserves the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new Users, or 10 days after they are posted on RentBahamas.com for all other Users. It is Users responsibility to check terms and conditions of this Agreement at the time of each use.
Because RentBahamas.com is an advertising platform, in the event that Users have a dispute with a property/advertiser, Users release RentBahamas.com, Rent Bahamas Company Ltd. and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
- Nature of RentBahamas.com Services.
Rent Bahamas Company Ltd is a media company which operates RentBahamas.com as an advertisement platform. All rental listings and advertisements seen on RentBahamas.com are based on information provided by third parties qualified to do so and who may or may not be affiliated with Rent Bahamas Company Ltd. Accordingly, RentBahamas.com is not responsible in any way for the content in any such advertisements, nor is RentBahamas.com responsible for any actual lease transactions. RentBahamas.com is not licensed as a real estate broker in the Commonwealth of the Bahamas, as such RentBahamas.com does not render legal, brokerage, or other professional advice or services to its Users.
- Services Not Provided.
Without limiting the generality of the foregoing, Users acknowledge and agree as follows:
- RentBahamas.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and Users expressly waive any requirement that purports to impose on RentBahamas.com an obligation to perform any services other than those expressly undertaken by RentBahamas.com;
- RentBahamas.com does not render legal, brokerage, or other professional advice or services; in the event that Users desire or need such services, RentBahamas.com strongly advises Users to secure the same from an appropriate provider;
- RentBahamas.com is not undertaking any, and has no, duties to Users, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Users;
- RentBahamas.com is not responsible for the content of, nor does it endorse, the third-party websites to which Users may link using this Website;
- RentBahamas.com does not guarantee the accuracy of any information available on RentBahamas.com, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Website must be verified independently;
- RentBahamas.com may make changes to its products and/or services and this Website or mobile applications at any time and without notifying Users or receiving Users consent; and
While RentBahamas.com complies with all applicable laws of the Commonwealth of the Bahamas, RentBahamas.com cannot guarantee that its Users so comply. Accordingly, RentBahamas.com assumes no liability for Users’ and/or properties’ failure to comply with such laws.
You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.
- Resolution of Disputes.
If a dispute arises between Users and RentBahamas.com, our goal is to provide Users with a neutral and cost effective means of resolving the dispute quickly. Accordingly, Users and RentBahamas.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with the subsections below or as we and Users otherwise agree in writing.
- BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH USERS AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
- If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will be inapplicable to that claim, and the claim will instead be handled through litigation in court, rather than by arbitration, on the terms below.
- The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, with the exception of punitive damages to which neither party will be entitled.
Except as explicitly stated otherwise, notices should be sent to us at the following address:
Rent Bahamas Company Ltd,
P.O. Box N-1304
We will send notices to the email address Users provide to RentBahamas.com either (i) when Users complete a contact form or (ii) when Users register with RentBahamas.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or receives some other notification that the email went undelivered.
- App Terms.
Users acknowledge that app-providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, Users may notify the app-provider, and app-provider will, where applicable, refund the purchase price for the App Store Sourced Application to Users and to the maximum extent permitted by applicable law, App-providers will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and app-providers, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Users and we acknowledge that, as between us and all app-providers, the said app-providers are not responsible for addressing any claims Users have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Users and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and any app-provider, we, not the said app-provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.